Republic Steel Corp.

In the Matter of REPUBLIC STEEL CORPORATION and STEEL WORKERS ORGANIZING COMMITTEE, LOCAL UNION 1743 (FORMERLY AMAL- GAMATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, LODGE 1743, THROUGH STEEL WORKERS ORGANIZING COM- MITTEE), AFFILIATED WITH THE C. I. O. Case No. C-1690.-Decided October 10, 1941 Jurisdiction : steel manufacturing industry. Settlement : stipulation providing for compliance with the Act. Remedial Orders : entered on stipulation. Mr. Edward L. Flaherty and Mr. Peter Crotty , for the Board. Mr. Thomas F. Patton, Mr. Eugene Magee, and Jones, Day, Cockley & Reaves, by Mr. Thomas F. Veach, all of Cleveland, Ohio, and Kene- ficke, Cooke , Mitchell, Bass & Letchworth, by Mr. Lyman M. Bass and Mr. Theodore G. Kenefacke, all of Buffalo, N. Y., for the respondent. Mr. Anthony Wayne Smith, of Washington, D. C., and Mr. Joseph P. Malony, of Buffalo, N. Y., for the S . W. 0. C. Mr. Frank T. Bow, of Canton, Ohio, for the N. U. S. E. Mr. Stanley Chmiell, appearing specially for the witness Walter R. Goszka. Mr. Sydney S. Asher, Jr., of counsel to the Board. DECISION AND ORDER STATEMENT OF THE CASE Upon charges and amended charges duly filed by the Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1743, through Steel Workers Organizing Committee (now Steel Workers Organizing Committee, Local Union 1743), affiliated with the C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by Henry J. Winters, Regional Direc- tor for the Third Region (Buffalo, New York), issued its complaint dated January 10, 1940, against Republic Steel Corporation, Cleveland, Ohio, herein called the respondent, alleging that the respondent had engaged in and was engaging in unfair labor practices affecting com- 36 N. L. R. B., No. 2. 13 14 DECISIONS OF NATIONAL LABOR RELATIONS BOARD merce within the meaning of Section 8 (1), (2), and (3) and Section 2 (6) and (7) of the National Labor Relations Act, 49 Stat. 449, herein called the Act. Copies of the complaint, accompanied by notices of hearing, were duly served upon the respondent, the Union, and the National Union Steel Employees, herein called the N. U. S. E. The complaint alleged in substance that, (1) the respondent ter- minated the employment of Gus Richute on or about May 18, 1937, and of Peter Przystal on or about January 20, 1939, and. has since refused to reinstate or reemploy them for the reason, that they joined and assisted the Union and engaged with other employees in concerted activities for the purpose of collective bargaining or other mutual aid and protection; (2) the respondent since July 5, 1935, at its plant in* Buffalo, New York, fostered, dominated, and interfered with the formation and administration of the Employees Representation Plan, herein called the Plan, the Security League of Employees of Republic Steel Corporation, herein called the League, and the N. U. S. E., and contributed financial and other support to such labor, organizations; (3) the respondent, since on or about the month of June 1936 to the date of the complaint has discouraged the activities of its employees at the Buffalo plant for the purpose of collective bargaining or other mutual aid and protection and the membership, of its employees in the Union by, inter alia: (a) causing or .permitting the posting of notices and the circulation of literature hostile to and defamatory of the Union, (b) forcibly removing union literature from its employees, (c) keeping organizers, members, and meetings of the Union under surveillance, (d) causing or permitting anti-union speeches on com- pany time and property, (e) threatening during a strike to discharge employees if they did not desert the Union, (f) causing or permitting assaults to be made upon union organizers and members and furnish- ing firearms and other dangerous weapons for this purpose, (g) increasing its police force so as to interfere with picketing, (h) fur- nishing bail for and defending certain of its employees charged with the unlawful possession of dangerous weapons, thereby further encouraging their use, and (i) by interfering with the local police in the performance of their duties; (4) the respondent, by reason of the acts set forth above, has interfered with, restrained, and, coerced its employees in the exercise of their rights guaranteed in Section 7 of the Act, thereby engaging in unfair labor practices within the meaning of Section 8 (1) of the Act. . The complaint further alleged that by reason of the unfair labor practices of the respondent prior to May 26, 1937, as above related, as well as by reason of the respondent's unfair labor practices at its plants in Youngstown, Canton, Massillon, Warren, Niles, and Cleve- land, Ohio, and by reason of the respondent's unfair labor practices REPUBLIC STEEL CORPORATION 15 at its plants at Chicago, Illinois, and Monroe, Michigan, the respond- ent's employees at its plant in Buffalo, New York, went on strike on or about May 26, 1937; and that the respondent refused to reinstate, upon application, 336 named employees who went on strike as a. result of the respondent's unfair labor practices and later reinstated upon application 196 of this number with prejudice as to vacation, seniority,, and other rights and privileges. On February 10, 1940, the N. U. S. E. filed a petition to intervene in the proceedings which was allowed by the Regional Director on February 12, 1940. On February 9, 1940, the respondent filed its answer in which it admitted the.general interstate nature of its busi- ness but denied that the work of its employees was such as to affect interstate commerce or to give the Board jurisdiction over the subject matter of the complaint, denied that the Union was a labor. organiza- tion within the meaning of-the Act, and denied that the respondent had engaged in any unfair labor practices. Pursuant to notice, a hearing was held from February 15 to July 31, 1940, inclusive, at Buffalo, New York, before Horace A. Ruckel, the Trial Examiner duly designated by the Chief Trial Examiner. The Board, the Union, the N. U. S. E., and the respondent were represented by counsel and participated in the hearing. All parties were afforded full opportunity to be heard, to examine and cross- examine witnesses, and 'to introduce evidence bearing uupon the issues. On February 21, 1940, the Trial Examiner issued his Inter- mediate Report. On October 4, 1940, the Board entered its order transferring the proceedings to the Board. On July 15, 1941, the respondent, the Union, and the Board entered into a stipulation.' The stipulation provides as follows : Upon charges, filed April 18, 1938, and amended charges fil'e'd ! ' ' 40 h A l d A i i f I n J b S e gamate anuary 9, 19 , y t ma ssoc at on o ro , e te ^ k & Tin Workers of North America, Lodge 1743, through Steel`, Workers Organizing Committee (now Steel Workers Organizing Committee, Local Union 1743) affiliated with the C. I. 0., herein called the Union, the National Labor Relations Board, herein called the Board, by Henry J. Winters, Regional Director for the Third Region, (Buffalo, New York), issued its complaint dated January 10, 1940, against Republic Steel Corporation, herein called the respondent, alleging that the respondent had engaged in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2) and (3), and Section 2 (6) and (7) of the National Labor Relations Act, herein called the Act. i on July 10, 1941, the N. U. S. E. communicated with the Board, waiving its right to participate further in the proceedings and consenting to the entry of an order disestab- lishing it. 16 DECISIONS OF NATIONAL LABOR RELATIONS BOARD National Union Steel Employees, herein called the N. U. S. E. filed a petition to intervene in the proceedings on February 13, 1940, which was allowed. The respondent duly filed its answer denying-each and all of the charges set forth in said complaint and thereafter a hearing was held before a duly designated Trial Examiner of the Board, and on September 21, 1940, said Trial Examiner issued his Intermediate Report. Thereafter the respondent and union filed, exceptions to said Intermediate Re- port and the respondent filed a Motion to, among other things, introduce additional evidence and to make an offer to prove., It being the desire of the parties hereto to conclude all proceedings before the Board in this case, IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES HERETO that : (1) The respondent and the union hereby withdraw the ex- ceptions filed by each to the above mentioned Intermediate Report and the respondent hereby withdraws the motion filed by it with the Board to, among other things, introduce additional evidence and to make an offer to prove. (2) The respondent is incorporated under and existing by virtue of the laws of the State of New Jersey, having its principal executive offices in Cleveland, Ohio. For a long period of time it has been continuously engaged in the manufacture, sale and distribution of iron and steel products. Its principal iron and steel producing, manufacturing and finishing plants are located at Youngstown, Warren, Cleveland, Canton, Massillon, Niles and Elyria, Ohio; Brooklyn and Buffalo, New York; Chicago and Moline, Illinois; Pittsburgh and Beaver Falls, Pennsylvania; Gary, Indiana; Monroe, Michigan; Birmingham and Gadsden, Alabama; and Hamilton, Ontario, Canada. Respondent obtains more than one-half of its requirements of iron ore and coal from its own mines and the balance from mines of companies in which it has an interest, and by purchase from others. The respondent and its subsidiaries own or hold under lease iron ore properties in Michigan, New York and Alabama; and coal properties in Penn- sylvania, Kentucky and West Virginia. During the year 1937, the value of raw materials used at respondent's Buffalo Plant amounted to approximately $8,796,000. Of this amount approxi- mately $5,559,000 was shipped to, said plant from points outside of the State of New York. During the same period, the value of finished products produced at the respondent's Buffalo Plant amounted to approximately $17,896,000. Of this amount approxi- mately $13,588,000 was shipped from respondent's Buffalo Plant REPUBLIC - STEEL ` CORPORATION, 17 to points outside of the State of New York. During the' years 1938 and 1939 , substantial tonnages of raw materials and finished products were received at and shipped from said plant in approxi- mately the same proportions as during the year 1937. The re- spondent agrees, for the purpose of this proceeding only, that in operating its Buffalo Plant it was engaged in interstate commerce within the meaning of Section 2 ( 6) of the Act, and that its activities affect commerce within the meaning of Section 2 (7) of the Act. (3) Steel Workers Organizing Committee, Local Union 1743, (formerly Amalgamated Association of Iron, Steel & Tin Work- ers of North America, Lodge 1743;) Steel Workers Organizing Committee, all affiliated with the C . I. 0., and the National Union Steel Employees are labor organizations and the Employees Rep- resentation Plan was a -labor organization within the meaning of Section 2 (5) of the Act. (4) The Board shall make no findings of fact other than those agreed upon in sections 2 and 3 inclusive of this stipulation. (5) Without further and other procedure before the Board to which the parties may be entitled under the National Labor Rela- tions Act, or the rules and regulations of the Board, the Board, upon the basis of the entire record in this case and this stipulation may enteryan Order in the form of order annexed hereto marked "Exhibit 1". (6) The parties hereto consent to the entry by the United States Circuit Court of Appeals for the Third Circuit, upon application by the Board , of a decree enforcing the Order to be entered by the Board pursuant to this stipulation . Respondent and the union shall be given notice of the filing of an application for, but hereby waive their right to contest, the entry of such decree. (7) The execution of this stipulation and entry of said Order shall conclude all proceedings before the Board in the above entitled case. (8) The respondent reasserts its denial that it has committed any unfair labor practices as alleged in the complaint herein, or in any amendment thereto, and no finding has been made by The Board or is herein made, that the respondent has committed the unfair labor practices, or any of them, alleged in the com- plaint, or in any amendment thereto, and the union asserts that the respondent did engage in said unfair labor practices. (9) The words "cease and desist" as they appear in the Order annexed to this stipulation shall not be construed as an admission by the respondent that it committed the unfair labor practices, 433118-42-vol. 36-3 18 DECISIONS OF NATIONAL LABOR RELATIONS BOARD or any of them, alleged in the complaint, or in any amendment thereto. (10) This stipulation shall not be used as evidence in any pro- ceeding other than this proceeding and the proceeding in the United States Circuit Court of Appeals for the Third Circuit for the enforcement of the annexed Order, for the purpose of establishing any fact referred to, recited or alleged in this stipula- tion or in the complaint, or in any amendment thereto. The parties hereto reserve the right to contest in any other proceeding any fact referred to, recited or alleged in this stipulation or in the complaint, or in any amendment thereto, and to require strict proof thereof. (11) It is understood and agreed between the respondent and the union that all questions as to unfair labor practices now or hereafter alleged to have been engaged in by the, respondent at or in relation to its Buffalo Plant, at any time prior to the date of this stipulation, including claims for back pay, are hereby fully settled and composed, and the union hereby covenants and agrees never to make or file, or to authorize any person or or- ganization to make or file, and to instruct its officers, agents and members not to make or file, with the Board or any agent thereof any charges concerning any such unfair labor practices. If any officer, agent or member makes or files such charges, the union will take all appropriate steps in a bona fide endeavor to bring about their withdrawal. Nothing in this stipulation shall be construed to limit in any manner or to constitute consent to any limitation of the right of the union to present to the respondent as a grievance, not to constitute the basis of charges under the. Act, any dispute or matter not settled and composed by this stipulation, regardless of the time or circumstances of the origin thereof. (12) The entire agreement is contained within the terms of this stipulation and there is no verbal agreement of any kind which varies, alters or adds to this stipulation. (13) This stipulation is subject to the approval of the Board and shall become effective immediately upon, the ,granting of such approval. REPUBLIC, STEEL CORPORATION 19 EXHIBIT I UNITED STATES OF AMERICA BEFORE THE NATIONAL LABOR RELATIONS BOARD THIRD REGION Cure No. C-1690 In the Matter of REPUBLIC STEEL CORPORATION urnd STEEL WORKERS ORGANIZING COMMITTEE, LOCAL UNION 1743, (FORMERLY AMALGAM- ATED ASSOCIATION OF IRON, STEEL & TIN WORKERS OF NORTH AMERICA, LODGE 1743, THROUGH STEEL WORKERS ORGANIZING COMMITTEE,) AFFILIATED WITH THE C. I. O. ORDER Upon the basis of a stipulation dated July 15, 1941 and the entire record in these proceedings, the National Labor Relations Board hereby orders that the respondent, Republic Steel Corporation, its officers, agents, successors and assigns, shall: 1. Cease and desist from : (a) In any manner dominating or interfering with the forma- tion or administration of the Employee Representation Plan and National Union Steel Employees or with the formation or ad- ministration of any other labor organization of its employees, and from contributing financial or other support to the Em- ployee Representation Plan and National Union Steel Employees, or to any other labor organization of its employees; (b) Discouraging membership in Steel Workers Organizing Committee, Local Union 1743, (formerly Amalgamated Asso- ciation of Iron, Steel & Tin Workers of North America, Lodge 1743) and Steel Workers Organizing Committee or any other labor organization of its employees by discriminating in regard to hire or tenure of employment or any terms or conditions of employment; (c) In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organiza- tion, to form, join, or assist labor organizations, to bargain col- lectively through representatives of their own choosing or to engage in concerted activities for the purpose of collective bar- gaining or other mutual aid or protection as guaranteed by Section 7 of the Act; 2. Take the following affirmative action to effectuate the policies of the Act : 20 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (a) Withdraw and withhold all recognition from the Employee Representation Plan and National Union Steel Employees as representatives of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employ- ment and completely disestablish said Employee Representation Plan and National Union Steel Employees as such representatives; (b) Offer to Gus Richute immediate and full reinstatement to _ his former or substantially equivalent position without prejudice to his seniority or other rights and privileges, including vacation pay on the basis set forth in paragraph No. 9 of Appendix E hereof; (c) Make whole Gus Richute for any loss of pay he may have suffered by reason of respondent's discrimination in regard to hire or tenure of his employment and the terms and conditions of his employment by payment to him of the sum of One Thousand Dollars ($1,000.00) ; (d) Offer to the employees listed in Appendix C immediate and full reinstatement to their former or substantially equiva- lent positions without prejudice to their seniority or other rights and privileges, and restore to the employees listed in Appendix D who are entitled to reinstatement or who have been reinstated their full seniority and other rights and privileges ; (e) Make whole, pursuant to the method set forth in Appendix E, the persons listed in Appendices C and D ; (f) Post immediately in conspicuous places throughout its plant at Buffalo, New York, and maintain for a period of at least sixty (60) consecutive days from the date of the posting, notices stating that the respondent will not engage in the conduct from -which it has been ordered to cease and desist in paragraph 1 (a), (b) and (c) above, and that it will take the affirmative action set forth in paragraph 2 (a), (b), (c), (d) and (e) above and that the respondent's employees are free to become or remain members of Steel Workers Organizing Committee, Local Union 1743, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1743) and Steel Workers Or- ganizing Committee, and that the respondent will not discriminate against any employee because of membership or activity in these organizations; (g) Notify the National Labor Relations Board within 60 days from the date of this Order of the steps respondent has taken to comply therewith : AND IT is FURTHER oRDFRED that the complaint be dismissed inso- far as it alleges that the respondent has engaged in unfair labor prac- REPUBLIC STEEL" CORPORATION 21 tices within the meaning of Section 8 (3) of the Act by discharging John Philip Harris and Peter Przystal, or by refusing to reinstate those employees whose names are listed in Appendices A and B attached hereto, or that the respondent has engaged in unfair labor practices within the meaning of Section 8 (2) of the Act with respect to the Security League. APPENDIX A Michael Alinga Domenico Cernuto Edward Courtney Columbus Davis Carlo Dandras Michael Ervolina Stanley Kanowski Jozef Kruczynski Carl J. Lanza Frank Newmann Frank Pinto Guerrino Barbieri Frank Clawson William Cline Richard Joyce Julius Malinowski Frank Mallon Jesse F. Albee Salvatore Alleca John Anderson Matthew Armstrong Lawrence A. Atti William Austick John Babinski Frank Balistrieri Daniel Barry John J. Barry John Behen Jesse Blowers Samuel L.' Brownlie Lawrence Bruyere APPENDIX B Frank Powroznik James T. Renda John Saramak Albert E. Schoen Sylvester Swienski Anthony Vassallo Charles Walker Frank Wiezba' Adam Woloszym Myron Wood Donald Zgoda Francis Nolan Paul Radosevich Jose Sanchez William Sember Lester N. Van Patten Dan' Ward APPENDIX C Theodore Bukowski Norman Burau Peter Busa-lachi Frank •Bukkowski Frank Caldonia Frank Campanile Charles Capodicasa Bernardo Cardenuto Joseph Carney James Carroll Peter Chomiczewski Floyd Chandler Joseph Chowaniec Angelo Ciavarello 22 DECISIONS OF NATIONAL Louis Ciskal William J. Clark Vincent Coletta Francis Cooper Raymond Crawford John Culligan Wilson Curry Michael Cvetanovich Michael Czarkowski John Czekaj Walter M. Czop Harold Daley, Joseph Damian Stanley Danner Andelindo De Cecco Angelo De Cenzo Joseph Decker Angelo Del Brocco Caesar Diedati . Angelo Disalvo Joseph Donohue John Driscoll Franklin Du Bois Joseph Duffy Thomas Durkin Sabantino Epifano John Epoveto Charles Ernest James Esford Jacob Farara Pearl Foster James Francis Eugene Frys Herbert Fuller Oliver Gallant George Garner Walter Gibalski Howard Girdlestone Michael Girage Horace Gloss Gerard Golden John Gordon Thomas Gorman Leon Groth LABOR RELATIONS BOARD Samuel Gruber Frank Guffner Emil Harbart Stanley Hager Frederick Hahn Howard Hartman Donald Harnett Robert Hartz Matthew Holtyn Cecil Holts Michael Hussar Benito Ibarra Joseph Isek John Ivers Joseph Ivers Everett Jackson Ivar Jacobson William Jeffers James Jennings Albert Jerge Oakley Johnson Timothy Judge Joseph Kaczmarek William Kearbeline John Kearns John Kemp John Kiec William H. Kingsbury Stanley Kolek Joseph Kosior Joseph Kozub Joseph Krupa Paul Kulinski Michael Kuwik George Leary George Le Roy Sam Lipuma Dominick Lombardi Woodrow Losel . Edward Mclvor Thomas McLaughlin Joseph McLeod John McNichols Elmer McQueary _ REPUBLIC STEEL CORPORATION 23 John Maeder Raymond Malak Thomas Mallory Anthony Mandes (Mendez) Ignatius Maryanski Paul Marini Richard Marini Francis Martin Joseph Mattle Willi,im Meeks Bonifacio Mendez John Michenzi John Militello Sebastiano (Pete) Mizzoni John W. Molenda James E. Morrelle Edward Murray George Nassar Charles Nelson Michael Nicholas Adam Niesciewicz Joseph Novak Barney Olson John Orlando Bernard Orlowski Jesse Orsene John Ortland Peter Oscier John L. O'Connor John J. O'Meara Robert E. O'Shea Lewis Palombaro Louis Pardi . John Patterson Stephen Paruszynski Quincy Pettitt John Piech Stephen Piech Karol Polancux (Yknor Polinzic) Paul Polinski Jack Previty Harold J. Priester Raymond Priester Leonardo Prioletta Wallace Prouty Thomas Przylrylo Kenneth Redfern Sherwood Rhodes Joseph P. Rogan Felix Rogowski John F. Rogowski Thomas Rogowski Carlo Roncore Albert Ronlean Paul San Martin William Schrum Oscar K. Schurpf Stanley J. Szczepanski Robert J. Shanks Stewart W. Shanks Michael Siska Cisimir W. Skrzeczkowski George Smith David Sneddon Edmund S. Sobczak Stanley J. Staszewicz Frank Stein John Steven John Summers Edward Szatus Frank Szrama Edward Szuflita John L. Szczepanick Rocco Tassone William J. Terhart Dimitar Todoroff John Tuck John Ulik Anthony Ventresco Bronislaus Waz Daniel Waz James Whalen James White William White Harry E. Williams Felix Wryk Frank Wutz 24 DECISIONS OF NATIONAL Norman U. Yount John Zak . Michael J. Zak Bronislaus Zdrojewski Walter Ziegler Frank Zielinski Vincent Zyla Sullivan Howard Raymond Ehrig John Leavitt 1 John McGrail 1 Raymond Batt 1 Harry Yarnes 1 Simon Scanlon 1 John Savarcl 1 Roy Austin Nixon 1 LABOR RELATIONS BOARD Leonard Schulz 1 William Johnson 1 Winfred Hodil 1 Antoni Solarczyk 1 Joseph Quinn Stanley Rogale 1 James McCann 1 Frank Limardi 1 George Tilley William Hertel- Christian Becker 1 John Diefes 1 Leo Farrell Nick Makeyenko 1 Stanely Gorski Mariano Cavallaro 1 APPENDIX D William Ahern------------------------------- June 10, 1940 Walter Ashburn 2---------------------------- January 29, 1940 John Baird---------------------------------- December 8, 1938 Christian J. Becker-------------------------- December 19, 1939 Walter J. Blake------ ----------------------- February 5, 1940 Earl Booth---------------------------------. No back pay Milton Booth 2................................ September 23, 1939 Joseph Bova--------------------------------. October 13, 1939 Martin Byrne-------------------------------. August 1, 1939 William Callahan----------------------------- No back pay Joseph Carroll------------------------------. November 7, 1938 William Carroll ----------------------------- December 6, 1938 Andrea Castrianno--------------------------- No back pay John Chowaniec----------------------------. December 9, 1939 Rocco Christofaro--------------------------- January 31, 1940 Anthony Constantino ------------------------- February 1, 1940 Ralph Coppola ------------------------------ December 8. 1939 Pava Cugalz--------------------------------- August 28, 1.939 Eugene Cunningham------------------------- December 1, 1939 John Cunningham--------------------------- November 12, 1938 Thomas J. Curry---------------------------- December 17, 1939 Louis Czarnota------------------------------ No back pay Peter Daley 2................................ October 25, 1939 John Dauria-------------------------------- December 1. 1939 William Diamond---------------------------. April 1, 1940 John Diefes ---------------------------------- No back pay 1 To be offered reinstatement but not to receive any back pay. The name of Joseph Castro may be added to the above list with an asterisk before it if, upon investigation of the facts, the parties agree to such addition. 2 To be reinstated-back pay ceases on date indicated opposite his name in this Appendix. REPUBLIC STEEL CORPORATION Fred Dmitrokoss------------------------------ No back pay Stephen Doremus----------------------------- December 1, 1939 William Duffy ------------------------------- November 5, 1938 Edward Duffy '-7 ----------------------------- August 28, 1939 Clarence Easterling --------------------------- December 20, 1939 Bernard Esford-----------------------------. December 15, 1939 Vincent Fitzgerald -------------------------- . January 13,1940 .John Flood---------------------------------. November 22, 1938 Woodrow Frame----------------------------- November 22, 1938 Edward Gaska------------------------------- November 7, 1938 John Gembura------------------------------ No back pay Edward Gossling---------------------------- November 8. 1938 Ralph C. Gunn------------------------------ January 15, 1940 David Haley ----------------------- ---------- November 1, 1939 Kenneth J3tnm----------------------------- November 7, 1938 Rexford Hartman --------------------------- . December 11, 1939 Robert Hawkins ----------------------------- No back pay Edward Hilinsky---------------------------- December 4, 1938 Norman Hoag ------------------------------- October 31, 1939 John Hoare--------------------------------- December 17, 1939 Edward Hoefler------------------------------ February 11, 1939 Patrick Hughes------------------------------ August 1, 1939 Joseph Janecko------------------------------- November 7, 1938 Joseph Kajdasz----------------------------- December 2, 1939 George Kalantaretic------------------------- December 5, 1939 George Karamanous (Kaltigeos) ------------- December 6, 1939 Ernest Kemble------------------------------ August 5, 1939 Frank Kiljanski----------------------- ---- No back pay Leo Kucera--------------------------------- December 13, 1939 Bolieslaw Kwiecien-------------------------. January 27, 1940 Raymond Kloiber--------------------------- December 26, 1939 Michael Kotowicz---------------------------. November 14, 1938 Stanley Kowalski---------------------------. December 10, 1939 Edmund Kubiak ----------------------------- No back pay Theodore Kubiak---------------------------- November 8, 1938 Charles Labby------------------------------. January 13, 1940 James Lapuina------------------------------ December 9, 1939 Vernell Lawton-----------------------------. December 7, 1938 Steve Lebedz-------------------------------- No back pay John Lennon-------------------------------- January 26, 1939 Arnold LeRoy (LeRoy Arnold) --------------- November 9, 1939 Michael Lesniak----------------------------- November 14, 1938 Martin J. Lester ----------------------------- November 9, 1939 John Lis------------------------------------ December 19, 1939 Paul Lonez-------------------------------'--. September 21, 1939 Herman McDonald -------------------------- . September 15, 1939 Edward Maryanski------ --------- ----------- December 7, 1938 John Mastrodicasa--------------------------. November 6, 1939 Dominic Mateczan--------------------------- November 10, 1939 25 'To be given new physical examination and reinstated if able to pass such examination. i To be reinstated-back pay ceases on date indicated opposite his name in this Appendix. 26 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Ignacius Mateczan___________________________ No back pay Stanley Mazur-------------------------------- December 7, 1938, John Minor_________________________________ No back pay Joseph McCarthy---------------------------- No back pay Donald McCooey----------------------------- November 7, 1938 Raymond McGurn___________________________ December 17, 1939 Joseph McNichols ---------------------------- February 14, 1940 Carlton Mekelburg___________________________ November 22, 1938 John Menduc________________________________ December 6, 1938 Francis Miller_______________________________ December 6, 1938 August Millich 2_____________________________ November 7, 1939 William Morlock____________________________ December 12, 1938 Stanley Morse_______________________________ No back pay John Mullen --------------------------------- No back pay John Muszynski_____________________________ January 27, 1940 George Nelles-------------------------------- January 31, 1940 Edward Nelson ------------------------------ No back pay John Nikoloff-------------------------------- November 12, 1938 Thomas Noble_______________________________ No back pay James O'Neil------------------------------- No back pay .Anthony Orsene_____________________________ August 7, 1939 Paul Paoletta_______________________________ December 7, 1939 John Patton_________________________________ October 30, 1939 John Pawlowski_____________________________ December 9, 1939 Guerino Perino______________________________ December 9, 1939 George Petruska----------------------------- August 10, 1939 Albert Pilon---------------------------------- November 7, 1938 Joseph Pinto________________________________ December 8, 1939 Charles Potter______________________________ No back pay Howard Price__________'_____________________ November 3, 1938 Thomas Quinn------------------------------- August 1, 1939 Joseph Rebalta______________________________ December 11, 1939 Edward Rice________________________________ August 8, 1939 Alfred Roberts------------------------------ February 5, 1940 Richard Roberts----------------------------- December 20, 1939 William Roberts----------------------------- November 1, 1939 John Rogosz--------------------------------- January 15, 1940 William Rogowski___________________________ December 6, 1939 Eugene Roscoe ------------------------------ June 8, 1940 Thomas Sabor------------------------------- October 7, 1939 Wesley Saffee_______________________________ November 8, 1938 Michael Sancawa---------------------------- No back pay Juan San Pedro_____________________________ No back pay Raymond Sawyer____________________________ November 22, 1939 Edward Schall______________________________ November 12, 1938 Joseph Schollard____________________________ July 26, 1939 Michael Sexton_________________________October 22, 1939 Edward Shaver_____________________________ November 8, 1938 Frank Sinda________________________________ No back pay William Steen_______________________________ No back pay s To be reinstated-back pay ceases on date indicated opposite his name in this Appendix. REPUBLIC STEEL CORPORATION 27 James Steff---------------------------------- No back pay Raymond Stein------------------------------ February 5, 1940 John Stencil --------- ----------- ------------- December 4, 1938 James Sullivan------------------------------ November 7, 1938 John Sullivan------------------------------- December 7, 1938 Michael Sullivan ---------------------------- September 21, 1939 Paul Survinski---------- _------------------- November 23, 1939 John Swiatek_______________________________ January 28, 1940 Clarence Tait ---------------- --------------- -No back pay John Tevington______________________________ January 15, 1940 Edward Tighe_______________________________ November 15, 1938 Frank Till__________________________________ December 26, 1939 Robert Toms________________________________ July 29, 1939 Fred Troeak (Troek)-------------------- No back pay Adam Trzaska------------------------------- No back pay Stanley Urbanski---------------------------- December 9, 1939 John Vivola_________________________________ December 16, 1939 David Walsh -------------------------------- No back pay Charles Ward_______________________________ December 12, 1938 Raymond Wenz_____________________________ February 5, 1940 Donald Whalen ----- ------------------------- November 5, 1939 Paul Williams------------------------------- No back pay James Wilson_______________________________ November 4, 1939 Walter Wojcik______________________________ No back pay Gordon Wood -------------------------------- January 8, 1940 Bronson Woodin____________________________ December 12, 1938 Charles Zanelotti____________________________ December 3, 1939 Edward Zajac -------------------------------- December 19, 1939 Casimir Zgoda------------------------------- December 6, 1938 Charles Zielinski____________________________ December 18, 1939 James Zielinski ------------------------------ August 1, 1939 APPENDIX E For the purpose of making whole the persons listed in Appen- dices C and D, the amount, if any, to be paid to each person listed in Appendices C and D, shall be determined in accordance with the following method : 1. The amount, if any, due to each person listed in Appendix C shall be determined as follows : The period for computation shall start on November 1, 1938 and- continue for each person listed in Appendix C until the day previous to the date on which such person was reinstated to his former, or a substantially equivalent position, or was offered. reinstatement to his former, or a substantially equivalent posi- tion, or in the event such person's position has been abolished, .then to the date of offer of, or reinstatement to, another posi- tion, made in accordance with customary plant practice ; sub- ject, however, to the additional factors set forth in Paragraph 7 hereof. 28 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 2. The amount, if any, due to each person listed in Appendix D shall be determined as follows : The period of computation shall start on November 1, 1938 and continue for each person listed in Appendix D to the date set opposite his name, which date and the findings of fact held to terminate the running of back wages, shall be taken to be prima facie correct, but in no event beyond the period when such per- son was reinstated to his former, or a substantially equivalent position, or was offered reinstatement to his former, or a sub- stantially- equivalent position, or in the event, such person's' position has been abolished, then to the date of offer of, or re- instatement to, another position, made in accordance with customary plant practice; subject, however, to the additional factors set forth in Paragraph 7 hereof. 3. Record sheets as illustrated by Exhibit "A" to this Appen- dix E, shall be prepared for the Buffalo Plant showing each man on the pay-roll as of May 26, 1937, and any hired since that date exclusive of any employee who was discharged, quit or died prior to November 1, 1938, classified according to departmental and occupational classification and arranged in consecutive order number according to such occupational classification and length, of service in the department, the man with the longest service appearing as No. 1, next longest No. 2, etc. There shall also be excluded from the record sheets prepared as above until he actually returns, any employee not on the payroll on November 1, 1938, by reason of prolonged voluntary leave of absence. 4. Exhibit "A" shall have columns captioned as follows: Employee's Social Security number. Employee's consecutive number according to length of service in the department. Case Number, which number is the employer's file number as- signed to the employee. Employee's name. Employee's badge number. Date application was received (which shall be deemed to be November 1, 1938). Date employee returned to job held at the time of the strike or a substantially equivalent job. Several columns showing the earnings by months of all em- ployees in the group who had earnings and indicating those who did not have earnings during the period of calculation as set forth in Paragraphs 1 and 2 hereof. J REPUBLIC STEEL CORPORATION 29 Each column of earnings shall have the items of earnings con- secutively numbered in the vertical columns. 5. In order to determine the amount, if any, due each person listed in Appendices C and D, his consecutive service record number indicated in column of Exhibit "A" captioned "Em- ployee's consecutive number according to length of service in the department" shall be followed through the period set forth in Paragraphs 1 or 2 as the case may be, and the summation by months of the earnings, if any, bearing the same number during such periQd shall constitute the gross amount due such person, provided that where the period of computation at the end of the period involves the splitting of monthly earnings, such splitting shall be done on such percentage basis as the number of days involved bears to the number of days in the month. In the event the application of the above formula works undue hardship in particular cases the parties shall give special consideration to such cases and where it is agreed upon some,special adjustment may be made in such cases, or some of them. 6. Any earnings received by such person from the respondent or elsewhere during the period involved shall be deducted to arrive at the net amount due such person. Such person's earn- ings during the period in question shall be obtained from the records of the Social Security Board, the W. P. A., and the re- spondent and Board questionnaires. 7. It is understood that in determining the period during which back pay shall be computed and in arriving at the net amount, if any, due each person listed in Appendices C and D, cases falling within the following classifications shall be given special consid- eration and the period for which back pay shall be computed shall be eliminated or shortened accordingly and the amount of net earnings clue in any such case shall be eliminated or reduced accordingly. (a) Physical rejects. (b) Failure to report to employment office when requested, provided that the respondent was prepared to offer the former or a substantially equivalent position. (c) Sick and unable to work. (d) Unable to locate. (e) Deceased. (f) Not available for work at time needed. (g) Reinstated but subsequently quit, properly discharged, or laid off or otherwise terminated. 30 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 8. Differences arising from the application to any particular case of the principles set forth herein will be subject to negotia- tion between the respondent and the union and, if necessary, to disposition by normal judicial procedure. 9. Each person listed on Appendices C and D shall be entitled, in addition to any amount due him in accordance with the fore- going provisions hereof, to any vacation pay due him upon the basis set forth in the Supplemental Decree entered on September 30, 1940, by the United States Circuit Court of Appeals for the Third Circuit, in Case No. 6907 entitled "Republic Steel Corpora- tion v. National Labor Relations Board, et al." On July 16, 1941, the Board issued its order approving the above stipulation and making it a part of the record in the case. Upon the above stipulation and the entire record in the case, the Board makes the following: FINDINGS OF FACT I. THE BUSINESS OF THE RESPONDENT Republic Steel Corporation is a New Jersey corporation with its principal office and place of business at Cleveland, Ohio. It is en- gaged in the manufacture, sale, and distribution of iron and steel products. Its principal iron and steel producing, manufacturing, and finishing plants are located at Youngstown, Warren, Cleveland, Can- ton, Massillon, Niles, and Elmira, Ohio; Brooklyn and Buffalo, New York; Chicago and Moline, Illinois; Pittsburgh and Beaver Falls, Pennsylvania; Gary, Indiana; Monroe, Michigan; Birmingham and Gadsden, Alabama; and Hamilton, Ontario, Canada. The respondent obtains more than half of its requirements of iron ore and coal from its own mines and the balance from the mines of companies in which it has an interest, and by purchase from others. The respondent and its subsidiaries own or hold under lease iron ore properties in Michi- gan, New York, and Alabama; and coal properties in Pennsylvania, Kentucky, and West Virginia. During the year 1937 the value of raw materials used at the re- spondent's plant. at Buffalo, New York, amounted to approximately $8,796,000. Of this amount approximately $5,559,000 was shipped to the Buffalo plant from points outside the State of New York. During the same period the value of the finished products produced at the respondent's Buffalo plant amounted to approximately $17,896,000. Of this amount approximately $13,588,000 was shipped from the Buf- falo plant to points outside the State of New York. During the years 1938 and 1939 substantial tonnages of raw materials and finished REPUBLIC STEEL CORPORATION 31 products were received at and shipped from said plant in approximately the same proportions as during the year 1937. . We find that the above-described operations constitute a continuous flow of trade, traffic, and commerce among the several States. ORDER Upon the basis of the stipulation and the entire record in these proceedings, the National Labor Relations Board hereby orders that the respondent, Republic Steel Corporation, Cleveland, Ohio, its officers, agents, successors, and assigns, shall : 1. Cease and desist from : (a) In any manner dominating or interfering with the formation or administration of the Employee Representation Plan and National Union Steel Employees or with the formation or administration of any other labor organization of its employees, and from contributing financial or other support to the Employee Representation Plan and National Union Steel Employees, or to any other labor organization of its employees; (b) Discouraging membership in Steel Workers Organizing Com- mittee, Local Union 1743, (formerly Amalgamated Association of Iron, Steel & Tin Workers of North America, Lodge 1743) and Steel Workers Organizing Committee or any other labor organization of its employees by discriminating in regard to hire or tenure of employment or any terms or conditions of employment; (c) In any other manner interfering with, restraining or coercing its employees in the exercise of the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through rep- resentatives of their own choosing or to engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection as guaranteed by Section 7 of the Act. 2. Take the following affirmative action which the Board finds will effectuate the policies of the Act: (a) Withdraw and withhold all recognition from the Employee Representation Plan and National Union Steel Employees as repre- sentatives of any of its employees for the purpose of dealing with the respondent concerning grievances, labor disputes, wages, rates of pay, hours of employment and other conditions of employment and com- pletely disestablish said Employee Representation Plan and National Union Steel Employees as such representatives; (b) Offer to Gus Richute immediate and full reinstatement to his former or substantially equivalent position without prejudice to his seniority or other rights and privileges, including vacation pay on the basis set forth in paragraph No. 9 of Appendix E hereof ; 32 DECISIONS OF NATIONAL LABOR RELATIONS BOARD (c) Make whole Gus Richute for any loss of pay he may have suf- fered by reason of respondent's discrimination in regard to hire or tenure of his employment and the terms and conditions of his em- ployment by payment to him of the sum of One Thousand Dollars ($1,000.00) ; (d) Offer to the employees listed in Appendix C immediate and full reinstatement to their former or substantially equivalent posi- tions without prejudice to their seniority or other rights and privi- leges, and restore to the employees listed in Appendix D who are entitled to reinstatement or who have been reinstated their full seniority and other rights and privileges; (e) Make whole, pursuant to the method set forth in Appendix E, the persons listed in Appendices C and D; (f) Post immediately in conspicuous places throughout its plant at Buffalo, New York, and maintain for a period of at least sixty (60) consecutive days from the date of the posting, notices stating that the respondent will not engage in the conduct from which it has been ordered to cease and desist in paragraph 1 (a.), (b) and (c) above, and that it will take the affirmative action set forth in paragraph 2 (a), (b), (c), (d) and (e) above and that the respondent's employees are free to become or remain members of Steel Workers Organizing Committee, Local Union 1743, (formerly Amalgamated Association. of Iron,. Steel & Tin Workers of North America, Lodge 1743) and Steel Workers Organizing Committee, and that the respondent will not discriminate against any employee because of membership or activity in these organizations; (g) Notify the National Labor Relations Board within sixty (60) days from the date of this Order of the steps respondent has taken to comply therewith. AND IT IS FURTHER ORDERED that the complaint be dismissed in so far as it alleges that the respondent has engaged in unfair labor practices within the meaning of Section 8 (3) of the Act by discharging John Philip Harris and Peter Przystal, or by refusing to reinstate those employees whose names are listed in Appendices A and B attached hereto, or that the respondent has engaged in unfair labor practices within the meaning of Section 8 (2) of the Act with respect to the Security League. APPENDIX A Michael Alinga Domenico Cernuto Edward Courtney Columbus Davis Carlo Dandras Michael Ervolina Stanley Kanowski Jozef Kruczynski Carl J. Lanza Frank Newmann Frank Pinto Frank Powroznik REPUBLIC STEEL CORPORATION James T. Renda John Saramak Albert E. Schoen Sylvester Swienski Anthony Vassallo Guerrino Barbieri Frank Clawson William Cline Richard Joyce Julius Malinowski Frank Mallon Jesse F. Albee Salvatore Alleca John Anderson Matthew Armstrong Lawrence A. Atti William Austick John Babinski Frank Balistrieri Daniel Barry John J. Barry John Behen Jesse Blowers Samuel L. Brownlie Lawrence .Bruyere Theodore Bukowski Norman Burau Peter Busalachi Frank Butkowski Frank Caldonia Frank Campanile Charles Capodicasa Bernardo Cardenuto Joseph Carney James Carroll Peter Chomic'zewski Floyd Chandler Joseph Chowaniec Angelo Ciavarello Charles Walker Frank Wiezba Adam Woloszym Myron Wood Donald Zgoda APPENDIX B Francis Nolan Paul Radosevich Jose Sanchez William Sember Lester N. Van Patten Dan Ward APPENDIX C Louis Ciskal William J. Clark Vincent Coletta Francis Cooper Raymond Crawford John Culligan Wilson Curry Michael Cvetanovich Michael Czarkowski John Czekaj Walter M. Czop Harold Daley Joseph Damian Stanley Danner Andelindo De Cecco Angelo De Cenzo Joseph Decker Angelo Del Brocco Caesar Diodati Angelo Disalvo Joseph Donohue John Driscoll Franklin Du Bois Joseph Duffy Thomas Durkin Sabantino Epifano John Epoveto Charles Ernst 33 433113-42-vol. 36--4 34 DECISIONS OF James Esford Jacob Farara Pearl Foster - James Francis Eugene Frys Herbert Fuller Oliver Gallant George Garner Walter Gilbalski Howard Girdlestone Michael Girage Horace Gloss Gerard Golden John Gordon Thomas Gorman Leon Groth Samuel Gruber Frank Guffner Emil Harbart Stanley Hager Frederick Hahn Howard Hartman Donald Harnett Robert Hartz Matthew Holtyn Cecil Holts Michael Hussar Benito Ibarra Joseph Isek John Ivers Joseph Ivers Everett Jackson Ivar Jacobson William Jeffers James Jennings Albert Jerge Oakley Johnson Timothy Judge Joseph Kaczmarek William Kearbeline John Kearns John Kemp John Kiec William H. Kingsbury NATIONAL LABOR RELATIONS BOARD Stanley Kolek Joseph Kosior Joseph Kozub Joseph. Krupa Paul Kulinski Michael Kuwik George Leary George Le Roy Sam Lipuma Dominick Lombardi Woodrow Losel Edward Mclvor Thomas McLaughlin Joseph McLeod John McNichols Elmer McQueary John Maeder Raymond Malak Thomas Mallory Anthony Mandes (Mendez) Ignatius Maryanski Paul Marini Richard Marini Francis Martin Joseph Mattle William Meeks Bonifacio Mendez John Michenzi John Militello Sebastiano (Pete) Mizzoni John W. Molenda James E. Morrelle Edward Murray George Nassar Charles Nelson Michael Nicholas Adam Niesciewicz Joseph Novak Barney Olson John Orlando Bernard Orlowski Jesse Orsene John Ortland Peter Oscier REPUBLIC STEEL CORPORA'TION' John L. O'Connor John J. O'Meara Robert E. O'Shea Lewis Palombaro Louis Pardi John Patterson Stephen Paruszynski Quincy Pettitt John Piech Stephen Piech Karol Polancux (Yknor Polinzic) Paul Polinski Jack Previty Harold J. Priester Raymond Priester Leonard Prioletta Wallace Prouty Thomas Przylrylo Kenneth Redfern Sherwood Rhodes Joseph P. Rogan Felix Rogowski John F. Rogowski Thomas Rogowski Carlo Roncore Albert Ronlean Paul San Martin William Schrum Oscar K. Schurpf Stanley J. Szczepanski Robert J. Shanks Stewart W. Shanks Michael Siska Casimir W. Skrzeczkowski George Smith David Sneddon Edmund S. Sobczak Stanley J. Staszewicz Frank Stein John Steven John Summers Edward Szatus Frank Szrama Edward Szuflita John L. Szczepanick Rocco Tassone William J. Terhart Dimitar Todoroff John Tuck John Ulick Anthony Ventresco Bronislaus Waz Daniel Waz James Whelan James White William White Harry E. Williams Felix Wryk Frank Wutz Norman U. Yount John Zak Michael J. Zak Bronislaus Zdrojewski Walter Ziegler Frank Zielinski Vincent Zyla Sullivan Howard Raymond Ehrig John Leavitt 1 John McGrail l Raymond Batt Harry Yarnes 1 Simon Scanlon 1 John Savard' Roy Austin Nixon 1 Leonard Schulz 1 William Johnson Winfred Hodil 1 Antoni Solarczyk 1 Joseph Quinn Stanley Rogale 1 James McCann 1 Frank Limardi 1 George Tilley 1 35 1 To be offered reinstatement but not to receive any back pay. 36 DECISIONS OF NATIONAL LABOR RELATIONS BOARD William Hertel 1 Nick Makeyenko 1 Christian Becker Stanley Gorski John Diefes 1 Mariano Cava.lla.ro 1 Leo Farrell The name of Joseph Castro may be added to the above list with an asterisk before it if, upon investigation of the facts , the parties agree to such addition. APPENDIX D William Ahern------------------------------ June 10, 1940 Walter Ashburnz---------------------------- January 29, 1940 John Baird ---------------------------------- December 8, 193S Christian J. Becker-------------------------- December 19, 1939 Walter J. Blake -----------------------------. February 5, 1940 Earl Booth ---------------------------------- No back pay Milton Booth -------------------------------- September 23, 1939 Joseph Bova --------------------------------. October 13, 1939 Martin Byrne------------------------------- August 1, 1939 William Callahan ---------------------------- No back pay Joseph Carroll ------------------------------. November 7, 1938 William Carroll------------------------------ December 6, 1938 Andrea Castrianno --------------------------. No back pay John Chowaniec----------------------------- December 9, 1939 Rocco Christofaro--------------------------- January 31, 1940 Anthony Constantino 2----------------------- February 1, 1940 Ralph Coppola------------------------------ December 8, 1939 Pava Cuga]z-------------------------------- August 28, 1939 Eugene Cunningham------------------------- December 1, 1939 John Cunningham---------------------------- November 12, 1938 Thomas J. Curry---------------------------- December 17, 1939 Louis Czarnota------------------------------ No back pay Peter Daley z-------------------------------- October 25, 1939 John Dauria--------------------------------- December 1, 1939 William Diamond--------------------------- April 1, 1940 John Diefes---------------------------------. No back pay Fred Dmitrokoss----------------------------. No back pay Stephen Doremus---------------------------- December 1, 1939 William Duffy------------------------------- November 5, 1938 Edward Duffy Z------------------------------- August 28, 1939 Clarence Easterling -------------------------- December 20, 1939 Bernard Esford----------------------------- December 15, 1939 Vincent F itzgerald --------------------------- January 13, 1940 John Flood--------------------------------- November 22, 1938 Woodrow Frame ----------------------------- November 22, 1938 Edward Gaska------------------------------- November 7, 1938 John Gembura ------------------------------- No back pay Edward Gossliug---------------------------- November 8, 1938 To be offered reinstatement but not to receive any back pay. To be given new physical examination and reinstated if able to pass such examination. 2 To be reinstated-back pay ceases on date indicated opposite his name in this Appendix. REPUBLIC -STEEL CORPORATION Ralph C. Gunn------------------------------- January 15, 1940 David Haley-------------------------------- November 1, 1939 Kenneth Hamni-- ---------------------------. November 7, 1938 Rexford Hartman---------------------------. December 11, 1939 Robert Hawkins----------------------------- No back pay Edward Hilinsky---------------------------- December 4, 1938 Norman Hoag------------------------------- October 31, 1939 John Hoare--------------------------------- December 17, 1939 Edward Hoefler---------- -------------------- February 11, 1939 Patrick Hughes------------------------------ August 1, 1939 Joseph Janecko------------------------------ November 7, 1935 Joseph Kajdasz-----------------------------. December 2, 1939 George Kalantaretic-------------------------. December 5, 1939 George Karamanous (Kaltigeos)-------------. December 6, 1939 Ernest Kemble------------------------------ August 5, 1939 Frank Kiljanski----------------------------- No back pay Leo Kucera---------------------------------. December 13, 1939 Bolieslaw Kwiecien-------------------------- January 27, 1940 Raymond Kloiber---------------------------- December 26, 1939 Michael Kotowicz---------------------------. November 14, 1938 Stanley Kowalski---------------------------- December 10, 1939 Edmund Kubiak----------------------------- No back pay Theodore Kubiak---------------------------- November 8, 1938 Charles Labby------------------------------. January 13, 1940 James Lapuma------------------------------ December 9, 1939 Vernell Lawton------------------------------ December 7, 1938 Steve Lebedz-------------------------------- No back pay John Lennon-------------------------------- January 26, 1939 Arnold LeRoy (LeRoy Arnold) --------------- November 9, 1939 Michael Lesniak----------------------------- November 14, 1938 Martin J. Lester----------------------------. November 9, 1939 John Lis------------------------------------ December 19, 1939 Paul Lonez---------------------------------- September 21, 1939 Herman 1\McDonald--------------------------. September 15, 1939 Edward Maryanski-------------------------- December 7, 1938 John Mastrodicasa--------------------------- November 6, 1939 Dominic Mateczan--------------------------- November 10, 7.939 Ignacius Mateczan--------------------------- No back pay Stanley Mazur------------------------------ December 7, 1938 John Minor_________________________________ No back pay Joseph McCarthy---------------------------- No back pay Donald McCooey----------------------------. November 7, 1938 Raymond McGurn--------------------------- December 17, 1939 Joseph McNichols---------------------------- February 14, 1940 Carlton Mekelburg--------------------------- November 22, 1938 John Mendue-------------------------------- December 6, 1938 Francis JMiller------------------------------- December 6, 1938 August Millich 2-----------------------------. November 7, 1939 William Morlock----------------------------. December 12, 1938 Stanley Morse------------------------------- No back pay John Mullen -------------------------------- . No back pay 37 2 To be reinstated-back pay ceases on date indicated opposite his name in this appendix. 38 DECISIONS OF NATIONAL LABOR RELATIONS BOARD John Muszynski_____________________________ January 27, 1940 George Nelles_______________________________ January 31, 1940 Edward Nelson______________________________ No back pay John Nikoloff-------------------------------- November 12, 1938 Thomas Noble_______________________________ No back pay James O'Neil-------------------------------- No back pay Anthony Orsene_____________________________ August 7, 1939 Paul Paoletta --------------------------------- December 7, 1939 John Patton_________________________________ October 30, 1939 John• Pawlowski_____________________________ December 9, 1939 Guerino Perino______________________________ December 9, 1939 George Petruska_____________________________ August 10, 1939 Albert Pilon-------------------------------- : November 7, 1938 Joseph Pinto________________________________ December 8, 1939 Charles Potter ------------------------------- No back pay Howard Price_______________________________ November 3, 1938 Thomas Quinn------------------------------- August 1, 1939 Joseph Rebalta______________________________ December 11, 1939 Edward Rice________________________________ August 8, 1939 Alfred Roberts------------------------------ February 5, 1940 Richard Roberts----------------------------- December 20, 1939 William Roberts----------------------------- November 1, 1939 John Rogosz--------------------------------- January 15, 1940 William Rogowski___________________________ December 6, 1939 Eugene Roscoe______________________________ June 8, 1940 Thomas Sabor------------------------------- October 7, 1939 Wesley Saffee_______________________________ November 8, 1938 Michael Sancawa____________________________ No back pay Juan San Pedro_____________________________ No back pay Raymond Sawyer____________________________ November 22, 1939 Edward Schall______________________________ November 12, 1938 Joseph Schollard----------------------------- July 26, 1939 Michael Sexton_____________________________ October 22, 1939 Edward Shaver ------------------------------ November 8, 1938 Frank Sinda________________________________ No back pay William Steen -------------------------------- No back pay James Steff_________________________________ No back pay Raymond Stein ------------------------------- February 5, 1940 John Stencil--------------------------------- December 4, 1938 James Sullivan------------------------------ November 7, 1938 John Sullivan------------------------------- December 7, 1938 Michael Sullivan---------------------------- September 21, 1939 Paul S.urvinski------------------------------ November 23, 1939 John Swiatek_______________________________ January 28, 1940 Clarence Tait -------------------------------- No back pay John Tevington------------------------------ January 15, 1940 Edward Tighe_______________________________ November 15, 1938 Frank Till__________________________________ December 26, 1939 Robert Toms________________________________ July 29, 1939 Fred Troeak (Troek)------------------------ No back pay Adam Trzaska______________________________ No back pay Stanley Urbanski____________________________ December 9, 1939 John Vivola-------------------------------- . December 16, 1939 REPUBLIC STEEL CORPORATION David Walsh-------------------------------- No back pay Charles Ward_______________________________ December 12,1938 Raymond Wenz-------- _--------------------- February 5, 1940 Donald Whalen ------------------------------ November 5, 1939 Paul Williams------------------------------- No back pay James Wilson_______________________________ November 4, 1939 Walter Wojcik______________________________ No back pay Gordon Wood_______________________________ January 8, 1940 Bronson Woodin_____________________________ December 12, 1938 Charles Zanelotti____________________________ December 3, 1939 Edward Zajac_______________________________ December 19, 1939 Casimir Zgoda------------------------------- December 6, 1938 Charles Zielinski---------------------------- December 18, 1939 James Zielinski------------------------------ August 1, 1939 APPENDIX E 39 For the purpose of making whole the persons listed in Appendices C and D, the amount, if any, to be paid to each person listed in Appen- dices C and D, shall be determined in accordance with the following method : 1. The amount, if any, due to each person listed in Appendix C shall be determined as follows : The period for computation shall 'start on November 1, 1938 and continue for each person listed in Appendix C until the day previous to the date on which such person was reinstated to his former. ; or a substantially equivalent position, or was offered rein- statement to his former, or a substantially equivalent position, or in the event such person's position has been abolished, then to the date of offer of, or reinstatement to, another position, made in accordance with customary plant practice; subject, however, to the additional factors set forth in Paragraph 7 hereof. 2. The amount, if any, due to each person listed in Appendix D shall be determined as follows : . The period of computation shall start on November 1, 193'8 and continue for each person listed in Appendix D to the date set oppo- site his name, which date and the findings of fact held to terminate the running of back wages, shall be taken to be prima facie cor- rect, but in no event beyond the period when such person was reinstated to his former, or a substantially equivalent position, or was offered reinstatement to his former, or a substantially equiva- lent position, or in the event such person's position has been abol- ished, then to the date of offer of, or reinstatement to, another position, made in accordance with customary plant practice ; sub- ject, however, to the additional factors set forth in Paragraph 7 hereof. 40 DECISIONS OF NATIONAL LABOR RELATIONS BOARD 3. Record sheets as illustrated by Exhibit "A" to this Appendix E, shall be prepared for the Buffalo Plant showing each man on the pay roll as of May 26, 1937, and any hired since that date exclusive of any employee who was discharged, quit or died prior to November 1, 1938, classified according to departmental and occupational classifica- tion and arranged in consecutive order number according to such occupational classification and length of service in the department, the man with the longest service appearing as No. 1, next longest No. 2, etc. There shall also be excluded from the record sheets prepared as above until he actually returns, any employee not on the pay roll on November 1, 1938, by reason of prolonged voluntary leave of absence. 4. Exhibit "A" shall have columns captioned as follows : Employee's Social Security number. Employee's consecutive number according to length of service in the department. Case number, which number is the employer's file number assigned to the employee. Employee's name. Employee's badge number. Date application was received (which shall be deemed to be November 1, 1938). Date employee returned to job held at the time of the strike or a substantially equivalent job. Several columns showing the earnings by months of all enm- ployees in the group who had earnings and indicating those who did not have earnings during the period of calculation as set forth in Paragraphs 1 and 2 hereof. Each column of earnings shall have the items of earnings con- secutively numbered in the vertical columns. 5. In order to determine the amount, if any, due each person listed in Appendices C and D, his consecutive service record number indi- cated in column of Exhibit "A" captioned "Employee's consecutive number according to length of service in the department" shall be followed through the period set forth in Paragraphs 1 or 2 as the case may be, and the summation by months of the earnings, if any, bearing the same number during such period shall constitute the gross amount due such person, provided that where the period of computation at the end of the period involves the splitting of monthly earnings, such splitting shall be done on such percentage basis as the number of days involved bears to the number of days in the month. In the .event the application of the above formula works undue hardship in particular cases the parties shall give special consideration to such REPUBLIC STEEL CORPORATION 41 cases and where it is agreed upon some special adjustment may be made in such cases, or some of them. 6. Any earnings received by such person from the respondent or elsewhere during the period involved shall be deducted to arrive at the net amount due such person. Such person's earnings during the period in question shall be obtained from the records of the Social Security Board, the W. P. A., and the respondent and Board ques- tionnaires. 7. It is understood that in determining the period during which back pay shall be computed and in arriving at the net amount, if any, due each person listed in Appendices C and D, cases falling within the following classifications shall be given special consideration and the period for which back pay shall be computed shall be eliminated or shortened accordingly and the amount of net earnings due in any such case shall be eliminated or reduced accordingly. (a) Physical rejects. (b) Failure to report to employment office when requested, provided that the respondent was prepared to offer the former or a substantially equivalent position. (c) Sick and unable to work. (d) Unable to locate. (e) Deceased. (f) Not available for work at time needed. (g) Reinstated but subsequently quit, properly discharged, or laid off or otherwise terminated. 8. Differences arising from the application to any particular case of the principles set forth herein will be subject to negotiation be- tween the respondent and the union and, if necessary, to disposition by normal judicial procedure. 9. Each person listed on Appendices C and D shall be entitled, in addition to any amount due him in accordance with the foregoing provisions hereof, to any vacation pay due him upon the basis, set forth in the Supplemental Decree entered on September 30, 1940, by the United States Circuit Court of Appeals for the Third Circuit, in Case No. 6907 entitled "Republic Steel Corporation v. National Labor Relations Board, et al:"